The Florida Fourth District Court of Appeals on Wednesday determined that the state’s prohibition of young adults exercising concealed carry rights infringes on Second Amendment protections.
The court determined that the plain text does not support stripping law-abiding young adults of their freedoms. The ruling backs a previous lower court decision that a young man’s arrest on gun charges was unlawful.
Appeals court had little choice but to strike down waiting period
Judge Spencer Levine explained the three-judge panel’s unanimous determination.
“Eighteen-to 20-year-olds can defend the country without restriction but can only utilize their Second Amendment right to self-defense with severe restrictions,” Levine wrote. “Restricting 18-to 20-year-olds–members of the same ‘political community as other law-abiding adults–from rights to self-defense would make the Second Amendment a ‘second-class’ right.”
Florida Attorney General James Uthmeier announced in February that the state would not defend the statue from the ongoing legal challenge.
Ruling reverses Florida’s recent stand on young adults’ concealed carry rights
Justices leaned heavily on the U.S. Supreme Court’s Bruen decision and a 2024 federal appeals court ruling against Minnesota’s similar restriction on young adults and concealed carry.
In 2024, Jaylen Eubanks was arrested for carrying a concealed firearm and improper exhibition of a firearm under age restrictions imposed the previous year. The then-18-year-old defendant pleaded no contest but retained the right to appeal.
After Uthmeier decided to cease enforcement of the restriction, gun rights opponents railed against returning carry rights to adults under 21. But it was for naught with Wednesday’s ruling,
Thomas Cottone, Eubanks’ public defender, celebrated the victory as an important step toward resolving other cases involving defendants facing gun charges.
“This will help in other motions I will file in other gun-related cases,” the attorney explained. “There is some language in this order that will help with that.”
Florida lawmakers responded to the 2018 Parkland High School massacre, in which 17 children and adults were murdered, with a package of gun control measures that many hastily agreed to support. Buyer’s remorse quickly set in, and this week’s ruling is another step forward for the Sunshine State.
There’s no better way to show your patriotism than with merch that speaks before you do.
Defend America is more than a name, it’s a stand for freedom, resilience, and the values this country was built on. Every tee, hat, and mug is a symbol of unapologetic pride. Wear it loud, wear it proud, and let the world know: freedom isn’t negotiable.
Click the link below to join the movement.